Intoxication Assault

Intoxication Assault cases arise when a driver is intoxicated and involved in an accident. Intoxication Assault is a serious allegation. However, Intoxication Assault is also complex. To be convicted of Intoxication Assault, the State has to prove certain facts. If the State fails to prove their case, the person should be acquitted.

Offense

Under Section 49.07 of the Texas Penal Code, the offense of Intoxication assault requires proof that

a person;

by accident or mistake;

while operating an aircraft, watercraft, or amusement ride while intoxicated, or while operating a motor vehicle in a public place while intoxicated;

by reason of that intoxication causes serious bodily injury to another or as a result of assembling a mobile amusement ride while intoxicated causes serious bodily injury to another.

Causes the accident

It is critical that the person charged with the offense caused the accident. If the accident was caused by another person or was not caused by the person’s intoxication, it is a defense to Intoxication assault.

Serious Bodily Injury

Serious Bodily Injury means an injury that creates a substantial risk of death or that causes serious permanent disfigurement or protracted loss impairment of the function of any bodily member or organ.

Punishment

Intoxication Assault is a third degree felony, and is punishable by 2 to 10 years of incarceration and a fine not to exceed $10,000.00.

However, if the injured person is a police officer, the offense is a felony of the second degree, and is punishable by 2 to 20 years of incarceration and a fine not to exceed $10,000.00.

If you or a loved one has been charged with Intoxication Assault, it is important to act quickly. Analyzing the vehicles involved, the accident scene, and speaking to other drivers is important. This information goes away because the scenes are cleaned up, cars are scrapped, and memories of the witnesses fades. I will go out to the scene, arrange for investigators to talk to witnesses, and find experts to analyze the crash. Call 817-231-0023 to talk to Brian J. Newman about working on your case.

For criminal defense, Brian really knows Texas Criminal Law and the rules of law. He's prepared when he goes to trial and ready with really good objections. - Laura G.

Extremely satisfied clientMr. Newman was an excellent help to my case. I had a possesion of marijuana case and was extremely pleased with the outcome of my case. I will recommend him in the future to anyone I know that has a need for a criminal justice attorney, and should I ever need his services again I will gladly contact him. He is a very straight forward and no nonsense individual and it was a pleasure being assisted by him. - Philip

Fantastic Fort Worth defense attorney! Brian J. Newman represented my son and I could not be happier with his work. Thank you so much for your help. - Michael S.

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Know your rights

What To Do After An Arrest

First, you will need to seek advice from a Fort Worth criminal defence lawyer. In fact, hiring an attorney prior to an arrest can prevent a suspect from self-incrimination, which happens more often than one might think.